The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime, including two times a sentence, with the records of punishment seven times due to drinking, unlicensed driving, escapeing vehicles, etc.

The nature of the crime is heavy because of traffic danger by the victim's turning kn't immediately after the accident, shooting the string, and attacking the defendant.

However, the defendant did not have any record of punishment since 2009, and did not repeat the crime in depth.

While the defendant caused a traffic accident that leads to the left-hand gap of the victim's vehicle stopped on the right-hand side of the vehicle of the defendant, the degree of damage is relatively less and less than that of the victim's vehicle, since the difference between the victim's vehicle is not sufficient to separate the victim's vehicle, and at the time, the blood alcohol concentration of the defendant was relatively higher than 0.086%.

The defendant paid 2.7 million won to the victim and agreed.

In addition, in full view of the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148, Article 54 (1) of the Road Traffic Act, Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.